Easements: Land registration protection

by Practical Law Property

A note that provides guidance on the requirements for registering and protecting easements under the Land Registration Act 2002 (LRA 2002) and the Land Registration Rules 2003 (SI 2003/1417). This practice note navigates the complex rules for protecting both legal and equitable easements, considering critical factors such as the registered or unregistered status of the dominant and servient land. It outlines the steps required to protect easements in various scenarios, whether they arise by express grant, implied grant, or prescription. The note also explains the treatment of easements on first registration, on dispositions of registered land, and within leases. It also examines the nuanced topic of overriding interests, explaining which easements can bind a purchaser even when not recorded on the register. This note also considers the implications of the Economic Crime (Transparency and Enforcement) Act 2022 (ECTEA 2022) on the express grant of an easement by, or to, an overseas entity.